The 13-year-old held in 'inappropriate' Police Scotland custody for over 6 hours for 'minor offence'
Police Scotland has been warned its use of custody has been “potentially detrimental to the child” held in cells.
Inspectors have found children have been held in Glasgow police cells for an “inappropriate” length of time, with officers rebuked for failing to explain whether detaining young people was “necessary and proportionate”.
Police Scotland has insisted that custody is “no place for children and young people” and set out “a collective desire not to have children in our care for any longer than is absolutely necessary”.
Staff shortages in custody suites were described as “very challenging”, with evidence of one sergeant supervising up to 40 detainees.
Guidelines state “where a constable decides whether to hold a child in police custody, they must treat the need to safeguard and promote the wellbeing of the child as a primary consideration”.
A joint unannounced inspection by HM Inspectorate of Constabulary in Scotland (HMICS) and Healthcare Improvement Scotland took place at police custody centres at London Road, Govan and Cathcart police stations in Glasgow.
Inspectors examined a sample of 90 custody records from July last year, which revealed five occasions where children had been held in police cells for longer than they deemed necessary.
On one occasion, a 13-year-old was held in police custody for more than six hours. Three children aged 14 years were held in custody for more than six, ten and 12 hours respectively.
Records revealed a 16-year-old, who was subject to a supervision order, was held overnight for more than nine hours.
The HMICS report said in each case the young people had been charged with what they considered to be “minor offences”. None of the teenagers in the sample of records reviewed were being held for court.
HM Chief Inspector of Constabulary in Scotland, Craig Naylor, has called on Police Scotland to ensure decisions about children detained in police custody are subject to “robust management oversight”. He recommended Police Scotland make sure such decisions were recorded appropriately.
“We consider holding children in a cell for the length of times we noted to be inappropriate, disproportionate to the offence, inconsistent with custody policy, and potentially detrimental to the child,” he said. “None of these records contained a sufficient rationale to explain why it was necessary and proportionate to delay liberating the child.”
The report noted both custody staff and local policing officers had described custody staffing shortages as “very challenging” and said they frequently operated under the operational base levels required.
Scottish Conservative shadow justice secretary Liam Kerr said: “This damning report lays bare just how dysfunctional the SNP’s justice system has become.
“The SNP’s savage and sustained cuts to justice budgets mean custody staff are being pushed beyond their limit when doing their job.”
Police Scotland Assistant Chief Constable, Wendy Middleton, said: “Police Scotland welcomes the publication of the report by HM Inspectorate of Constabulary in Scotland and Healthcare Improvement Scotland and will now carefully consider the findings and recommendations.
“Whilst issues have been identified and will be addressed, we have seen a reduction in the number of younger children being brought into custody overall and a significant decrease in the number of older children held over 24 hours. This demonstrates a collective desire not to have children in our care for any longer than is absolutely necessary and this will continue to be a priority for us.
“We have made it clear that police custody is no place for children and young people, and we are actively working with stakeholders, including the Children’s Commissioner, to explore appropriate alternatives to police custody for children and young people and to minimise the occasions on which it may be necessary."
A Scottish Government spokesperson said: “Whilst the decision whether to keep someone under the age of 18 in police custody is a matter for Police Scotland, the Scottish Government is clear that where possible and appropriate, alternative secure places of safety should be used.”